Go Back   Team-BHP > BHP India > The Indian Car Scene


Reply
 
Thread Tools Search this Thread
Old 10th August 2016, 11:44   #241
BHPian
 
Join Date: Nov 2007
Location: Bangalore
Posts: 574
Thanked: 473 Times
Default Re: Let's know the law (Motor Vehicles Act)

Traffic violations are still a mere 500 Rs. Wouldn't detract most people who would park on the side of the road or block traffic with their blinkers on. This is a daily occurrence in Sarjapur road. :( I have even overheard folks talk about it "It's only 200Rs yaar.. let's go.. the cop will come and we will see". It still befuddles me that folks who can get a 15L SUV can't afford a 30Rs parking in either Spencers or Total Mall on the same stretch.

I really like the fact they have doubled the fine for enforcing officers.
Mad Max is offline   Reply With Quote
Old 10th August 2016, 14:42   #242
BHPian
 
Join Date: Jun 2014
Location: Bangalore
Posts: 988
Thanked: 547 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by KiloAlpha View Post
Can someone please point me in the direction of the relevant section in MV Act, and the related fine, for the offense of "driving on the wrong side of the road"?
From the basic search I did, many state governments are relying on Sec 177 MV Act to book/fine the wrong doer. This section is like a "catch all" section which imposes a fine of Rs.100/- for a violation, for which there is no prescribed punishment (fine or imprisonment) explicitly mentioned.

How ever I feel the police can try the Sec.184 (Dangerous driving), which has a higher penalty. If it goes to the court, the police may have to convince the judges that driving on the wrong side is actually dangerous driving. If the accuses is willing to pay the spot fine, the fine would be from Rs.400 (can go upto Rs.1000).
sachinpk is online now   (1) Thanks Reply With Quote
Old 10th August 2016, 14:47   #243
Senior - BHPian
 
KiloAlpha's Avatar
 
Join Date: Mar 2010
Location: Cubicle
Posts: 1,145
Thanked: 1,185 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by sachinpk View Post
From the basic search I did, many state governments are relying on Sec 177 MV Act to book/fine the wrong doer. This section is like a "catch all" section which imposes a fine of Rs.100/- for a violation, for which there is no prescribed punishment (fine or imprisonment) explicitly mentioned.

How ever I feel the police can try the Sec.184 (Dangerous driving), which has a higher penalty. If it goes to the court, the police may have to convince the judges that driving on the wrong side is actually dangerous driving. If the accuses is willing to pay the spot fine, the fine would be from Rs.400 (can go upto Rs.1000).
Don't you find it really strange that, for such a basic rule - "Drive On The Left Side Of The Road" - there is no specific section in the law that states that not following this rule is illegal, and that there is no specific prescribed punishment?
KiloAlpha is offline   Reply With Quote
Old 10th August 2016, 15:17   #244
BHPian
 
Join Date: Jun 2014
Location: Bangalore
Posts: 988
Thanked: 547 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by KiloAlpha View Post
Don't you find it really strange that, for such a basic rule - "Drive On The Left Side Of The Road" - there is no specific section in the law that states that not following this rule is illegal, and that there is no specific prescribed punishment?
The question prompted me to do a "deep dive". Here are the results. MV Act 1988 does not explicitly state that driving on wrong side is an offence. I then checked the Central Motor Vehicle Rules (CMVR) which is like a "how to" document to be read along with the MV Act. Did not find any thing there either.

Then I found another interesting rule - "RULES OF THE ROAD REGULATIONS 1989". Refer to Section 2 of this rule which clearly tells - "KEEP LEFT". How ever this rule does not have an explicit penalty set, so only provision to penalise a driver is Sec.177 M.V Act. So it most likely would lead to Sec.2 RRR r/w Sec.177 MV Act, with a hefty fine of Rs.100 .

Last edited by sachinpk : 10th August 2016 at 15:18.
sachinpk is online now   (2) Thanks Reply With Quote
Old 10th August 2016, 15:22   #245
Distinguished - BHPian
 
RavenAvi's Avatar
 
Join Date: Jun 2011
Location: Flying Around
Posts: 4,344
Thanked: 18,483 Times
Default Re: Let's know the law (Motor Vehicles Act)

More amendments introduced.

- Helmets mandatory for children aged above 4 years. Rider has to "securely fasten" the headgear.

- Car passengers aged below 14 years to be secured with a safety belt or restraint system, violation would attract a fine of Rs 1,000.

- Applicants need not meet a 'minimum educational qualification' if they hold a certificate from a driver training school.

- Traffic police empowered to confiscate driving licences if someone is caught jumping traffic lights, driving under the influence of alcohol or drugs, using a mobile phone while at the wheel, or driving in the wrong lane.

- Offences would lead to the suspension of licences for three months, besides fines.

- Repeat offenders would stand to lose their licences.

- Repeat drunk-driving offenders would be fined Rs 15,000.

- Serial 'dangerous drivers' would be fined Rs 10,000 or one year in jail or both.

- Offenders driving without insurance a second time would be fined Rs 4,000.

Quote:
Since repeat offenders can only be punished if details of past offences are available at the ready, the bill proposes to create a central database of all drivers and vehicles which can be accessed by an enforcement officer instantly.

The bill proposes the cancellation of a vehicle's registration for two years if used by a juvenile driver and not allowing juvenile offenders driving licences before the age of 25 years These are in addition to the fine and jail term for owners of vehicle or guardian of the juvenile.
ET
RavenAvi is offline   (1) Thanks Reply With Quote
Old 10th August 2016, 16:27   #246
BHPian
 
PetrolRider's Avatar
 
Join Date: Mar 2013
Location: BBSR/Pune
Posts: 165
Thanked: 72 Times
Default Re: Let's know the law (Motor Vehicles Act)

Thanks for sharing. At least some hope in the horizon.

Quote:
Originally Posted by RavenAvi View Post
More amendments introduced.

- Helmets mandatory for children aged above 4 years. Rider has to "securely fasten" the headgear.

- Car passengers aged below 14 years to be secured with a safety belt or restraint system, violation would attract a fine of Rs 1,000.
Are those helmets available off the self in India? What they want the common public who don't have a cousin in abroad, to use cycle helmet or the grossly oversize adult helmets for their kids.

Also, the rule for car passenger does not specify where to put the kids, that is to place the kids at the rear seat. Also "safety belt or restraint system", come on are you expecting us to put our infants under regular car seat belts?
On a lighter note, I can see we BHPians singled out by traffic beat constable for using a proper car seat where the seat belt goes behind the seat and not over it.

Last edited by PetrolRider : 10th August 2016 at 16:28.
PetrolRider is offline   (1) Thanks Reply With Quote
Old 10th August 2016, 16:46   #247
BHPian
 
Join Date: Mar 2016
Location: Bengaluru
Posts: 91
Thanked: 109 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by PetrolRider View Post
Are those helmets available off the self in India? What they want the common public who don't have a cousin in abroad, to use cycle helmet or the grossly oversize adult helmets for their kids.
Yes, they are available here in Bangalore in many helmet shops. In fact, I could choose from 2 options available for kids. Bought one for my 6-year old princess 6 months ago. She uses it everyday when I drop her at school on my bike. PM me if you need pics or brand name.
srvm is offline   (2) Thanks Reply With Quote
Old 10th August 2016, 16:53   #248
Team-BHP Support
 
suhaas307's Avatar
 
Join Date: Aug 2009
Location: Bangalore
Posts: 7,911
Thanked: 5,614 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by BUXX View Post
So i got royally shivved by a cop in Delhi.
Sorry for the delayed response, but I thought I should pen-down my experience here.

These cases are generally listed before the Courts of Small Causes. I don't handle such matters, but I've had the opportunity to observe these proceedings and they are as comical as they get. Normally, cases wherein the alleged violators challenge the offence raised against them don't go down well with the Magistrates and Presiding Officers.

The individual who had allegedly committed the traffic violation was asked to proceed with his defense and as he began stating his side of the story before the Court, the Judge added Rs. 100/- to every word in his defense. By the time he was done, his original challan which was around Rs.400/- had swollen to Rs.2100/-.

One has to wonder where the remedy lies if an alleged violation requires challenging? Clearly, the Courts aren't the place for it.

Last edited by suhaas307 : 10th August 2016 at 16:55.
suhaas307 is offline   (4) Thanks Reply With Quote
Old 10th August 2016, 17:11   #249
BHPian
 
Join Date: Feb 2006
Location: Bangalore
Posts: 423
Thanked: 166 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by RavenAvi View Post
The new Road Safety Bill also has a penalty of Rs 5000 levied on individuals for use of unauthorised components and other manufacturing or maintenance-related violations, such as fog lights, pressure horns, extra lights, roof-top carriers and metallic protectors. Dealers and vehicle body-builders would face a fine of Rs 1 lakh for the same offences.
So if a family of 7 or 8 wants to travel outstation together, they will have to do it in two cars, as currently there is no option but to put their luggage on the top.

Likewise for metallic protectors. I have an OEM rear nudge guard/ rear bull bar fitted on my XUV. Time to get it removed?
ajayclicks is offline   Reply With Quote
Old 10th August 2016, 19:29   #250
BHPian
 
Join Date: Mar 2011
Location: Mumbai
Posts: 558
Thanked: 229 Times
Default Re: Let's know the law (Motor Vehicles Act)

Roof top carriers can be dangerous. If luggage is not securely fastened or the luggage rack is of poor quality or improperly fitted it can be a serious hazard.

Once on the Mum-Pune Expressway there was a Wagon R with a roof rack with luggage and covered with a plastic tarp. Back end of the sheet had come loose and was flapping in the wind making a funny noise and looking comical like a superheros cape. It was definitely not funny when the whole sheet came loose and flew backwards towards a car in the next lane. A bit of dodging and squealing tyres due to emergency maneuver to avoid it were required. Imagine a cars windcreen getting fully covered at highway speeds or a suitcase hitting the car. Arent luggage carriers dangerous in this scenario ? Obviously its completely safe if done properly but 90% of the time in India its not going to happen.

As for the road trip, if everyone and everything doesnt fit inside the car, then you will need two cars or a minibus
Mortis is offline   (2) Thanks Reply With Quote
Old 10th August 2016, 19:57   #251
BHPian
 
Join Date: Jun 2014
Location: Bangalore
Posts: 988
Thanked: 547 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by suhaas307
These cases are generally listed before the Courts of Small Causes. I don't handle such matters, but I've had the opportunity to observe these proceedings and they are as comical as they get. Normally, cases wherein the alleged violators challenge the offence raised against them don't go down well with the Magistrates and Presiding Officers.
. In Kerala, the Motor Vehicle Petty cases ("MV Petty case" in cop lingo) is generally handled by a magistrate's court. Don't think it is the CJM court, but may be 1st class or 2nd class magistrate's court. The accused challenging such cases seems not get appreciated here as well. I had a friend who had a nasty experience, when he decided to contest a Rs.50 petty case (Insurance certificate not in possession). He came back with Rs.400 fine, as he actually goofed up during the summary trial. This was in early 2000s.
sachinpk is online now   Reply With Quote
Old 10th August 2016, 20:18   #252
BHPian
 
lapis_lazuli's Avatar
 
Join Date: Feb 2012
Location: Zilla Ghaziabad
Posts: 416
Thanked: 404 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by sachinpk View Post
. In Kerala, the Motor Vehicle Petty cases ("MV Petty case" in cop lingo) is generally handled by a magistrate's court. Don't think it is the CJM court, but may be 1st class or 2nd class magistrate's court. The accused challenging such cases seems not get appreciated here as well. I had a friend who had a nasty experience, when he decided to contest a Rs.50 petty case (Insurance certificate not in possession). He came back with Rs.400 fine, as he actually goofed up during the summary trial. This was in early 2000s.
Normally it is stated "fine upto" xxx amount. So the Magistrate can actually increase the MV Act prescribed amount? Or may be I am mistaken. Is there a way to challenge this judgement? How else do you actually protest against wrong and false "cases" like rash driving or dangerous driving u/s 184 normally clubbed by Delhi police with smaller value red light jump type cases? Or for that matter, any false case? Does dashcam footage help?

Can the erring traffic judge be brought to justice as well? Or does he enjoy "almost a full fledged judge, hence half a God" status too?

Last edited by lapis_lazuli : 10th August 2016 at 20:21.
lapis_lazuli is offline   Reply With Quote
Old 10th August 2016, 20:38   #253
BHPian
 
Join Date: Jun 2014
Location: Bangalore
Posts: 988
Thanked: 547 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by lapis_lazuli View Post
Normally it is stated "fine upto" xxx amount. So the Magistrate can actually increase the MV Act prescribed amount? Or may be I am mistaken.
My understanding is that the magistrate has far more discretionary powers than the police. Even though the MV Act usually have the "amount not exceeding xxx, or xxx months imprisonment or both" kind of penalty provision, the state governments generally decide the amount which a Police Officer can collect as fine. And these MV petty cases are generally taken as summary cases; that is they cannot be contested in higher courts. I mean you cannot go on appealing till Supreme Court for a M.V Petty case .
sachinpk is online now   (3) Thanks Reply With Quote
Old 10th August 2016, 20:42   #254
BHPian
 
lapis_lazuli's Avatar
 
Join Date: Feb 2012
Location: Zilla Ghaziabad
Posts: 416
Thanked: 404 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by sachinpk View Post
discretionary powers
The biggest problem!! Coupled with ego and several complexes, a big big burden on society!

Thanks, Sachin ji for the explanation. Clear. Sigh.
lapis_lazuli is offline   Reply With Quote
Old 10th August 2016, 23:19   #255
BHPian
 
Join Date: Jun 2014
Location: Bangalore
Posts: 988
Thanked: 547 Times
Default Re: Let's know the law (Motor Vehicles Act)

Quote:
Originally Posted by suhaas307
I don't handle such matters, but I've had the opportunity to observe these proceedings and they are as comical as they get. Normally, cases wherein the alleged violators challenge the offence raised against them don't go down well with the Magistrates and Presiding Officers.
This is to narrate how the court proceedings went on. This was retold by my friend (the accused; Mr.A) a few years after the incident happened. Other people who have legal expertise may be able to clarify this better. Or else, just read it for the sake of it...
---------------------------------
Incident: Mr.A, when riding on his two wheeler was caught by a Sub Inspector of Police (not part of the local Traffic Unit). On checking of documents, it was found that the "Insurance Certificate was not in possession" (Sec 146, Sec 147(3), Sec 130(3) r/w Sec 177 MV Act). Mr.A felt that the SI was looking for some violation to be detected (to take a bribe, or to meet his quota). And when he found this he was happy to give a Vehicle Check report along with the date in which he has to appear at the local magistrate's court. He decided to contest the case, but the sad part was that his Insurance was already expired. Even if he had produced the insurance certificate to the SI, the SI would still find a violation there (Sec 196 MV Act).

Mr.A also gets a junior lawyer to plead for him. Both of them land up at the magistrate's court on the day mentioned. The bench clerk calls up Mr.A's case. It is typically in the movie style, where the case and the name of the accused is called out. The accused has to be there in the court room, waiting for his case to be called.
(Mr.A then walks ups to the dock - where the accused is to stand. The SI who charged him is no where to be seen).
Judge: (reads out the charge sheet filed by the police SI), and asks "Guilty or Not Guilty".
<< Aside: The junior lawyer now jumps up and says that this is all a fabricated case, and the SI tried harassing the accused since he did not pay the bribe>>.
Judge: Will you shut up?? (to the lawyer)
Judge: I am just asking the accused whether he is pleading guilty or not. The lawyer have no right to commence argument at this stage. If the accused pleads guilty, I impose the punishment and the accused is "stood down" (and next case is called). If he pleads "not guilty", then I set another date for court appearance. The accused and the police officer who wrote up the case needs to be present on that date.
Judge: (looking sternly at Mr.A). Do you plead guilty or not?
<<Aside: The lawyer has now given up on the case, and nods to indicate that Mr.A should plead guilty>>
Mr.A: I plead guilty.
Judge: Rs.400/- fine levied. Next case..
----
Section 196 MV Act: Driving uninsured vehicle.—Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

Last edited by sachinpk : 10th August 2016 at 23:28.
sachinpk is online now   (3) Thanks Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved! Klub Class The Indian Car Scene 133 15th May 2012 21:43
SOPA & PIPA : Stop Online Piracy Act & Protect IP Act nitinbose Shifting gears 28 28th January 2012 01:40
Govt plans amendment to Motor Vehicles Act - To task automakers for lemons SR-71 The Indian Car Scene 23 8th September 2011 18:59
Review of Motor Vehicles Act - Govt Inviting Suggestions acidkill The Indian Car Scene 12 25th March 2010 21:07
confusion on Motor vehicles act law manaa45 Shifting gears 11 10th October 2005 23:06


All times are GMT +5.5. The time now is 20:37.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks